The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

Changes over time for: Section 3

Version Superseded: 30/12/2023

Alternative versions:

Status:

Point in time view as at 22/07/2022. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015, Section 3.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

FeesE+S

This section has no associated Explanatory Memorandum

3.—(1) [F1In relation to England, fees] payable under this regulation are payable to the Forestry Commissioners.

[F2(1A) In relation to Scotland, fees payable under this regulation are payable to the Scottish Ministers.]

(2) The fee payable for an inspection and associated activities [F3carried out by, or on behalf of Scottish Ministers] in connection with the granting, variation, or suspension of a plant passport authority or for monitoring compliance with that authority is specified in Schedule 1.

(3) The fee payable in connection with an application for a licence (including an application for an extension or variation of a licence), for an inspection and associated activities in connection with an application for a licence or for monitoring compliance with the terms and conditions of a licence is specified in Schedule 2.

(4) The importer of a controlled consignment must pay—

(a)in the case of a [F4physical check] in respect of the consignment, the fee specified for the relevant type of consignment in item 1 or 2 of the table in Schedule 3;

(b)in the case of a documentary check in respect of the consignment, the fee specified in item 1 of the table in Schedule 4;

(c)in the case of an identity check in respect of the consignment, the fee specified in item 2 of the table in Schedule 4.

(5) Where, at the request of an importer of a controlled consignment, a [F4physical check] is carried out on the consignment at an approved place of inspection, the importer must pay the fee of £30 for each visit made by an inspector in the course of conducting the [F4physical check] at the approved place of inspection, in addition to the fee payable under paragraph (4)(a).

[F5(5A) [F6Subject to paragraph (5C),] fee payable in connection with an application to the Forestry Commissioners for a phytosanitary certificate for export or phytosanitary certificate for re-export is the fee specified in Schedule 4A.

(5B) The fee payable in connection with an application to the Forestry Commissioners for a WPM authorisation is the fee specified in Schedule 4B.]

[F7(5A) [F8Subject to paragraph (5AA), the] fee payable in connection with an application to the Scottish Ministers for a phytosanitary certificate or phytosanitary certificate for re-export is the fee specified in schedule 5A.

[F9(5AA) The fee for a phytosanitary certificate or phytosanitary certificate for re-export specified in schedule 5A is not payable in relation to a consignment to be transported to Northern Ireland—

(a)by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market, or

(b)for delivery to—

(i)a professional operator whose principal place of business is in Northern Ireland, or

(ii)any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.

(5BB) Paragraph (5AA) ceases to have effect at the end of 31 December [F102023]]

(5B) The fee payable in connection with an application to the Scottish Ministers for an authorisation referred to in Article 98(1) of the EU Plant Health Regulation is the fee specified in schedule 5B.]

[F11(5C) The fee specified in Schedule 4A is not payable in respect of a consignment to be transported to Northern Ireland—

(a)by a person acting otherwise than in the course of a business, where the consignment is not to be placed on the market; or

(b)for delivery to—

(i)a professional operator whose principal place of business is in Northern Ireland; or

(ii)any person resident in Northern Ireland, where the consignment is not to be placed on the market or used for the purposes of any business.

(5D) Paragraph (5C) ceases to have effect at the end of 31st December [F122023].]

[F13(6) The person on whom a remedial notice is served or who is given notice under [F14regulation 16 of the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019] must pay the fee specified in Schedule 5 for the carrying out or the monitoring by an inspector of remedial work and associated activities in connection with a controlled consignment.]

[F15(6A) The person on whom a FC remedial notice is served or who is given notice under regulation 16(1) of the Official Controls (Plant Health) Regulations 2019 must pay the fee specified in Schedule 5 for the carrying out or the monitoring by a plant health inspector of remedial work and associated activities in connection with a controlled consignment.]

Textual Amendments

F1Words in reg. 3(1) substituted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 70(3)(a); S.S.I. 2019/47, reg. 2

F2Reg. 3(1A) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 70(3)(b); S.S.I. 2019/47, reg. 2

F3Words in reg. 3(2) inserted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(3)(a)

F4Words in reg. 3 substituted (S.) (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 4(3) (with reg. 32)

F5Reg. 3(5A)(5B) inserted (E.) (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 36(4)(a)

F6Words in reg. 3(5A) inserted (E.) (27.5.2021) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021 (S.I. 2021/623), regs. 1(2), 2(3)(a)

F7Reg. 3(5A)(5B) inserted (S.) (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 9(3)(b)

F8Words in reg. 3(5A) substituted (S.) (1.4.2021) by The Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/159), regs. 1(1)(b), 3(2)(a)

F9Reg. 3(5AA)(5BB) substituted for reg. 3(5AA) (S.) (22.12.2021) by The Plant Health (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2021 (S.S.I. 2021/490), regs. 1(1), 3(2)

F10Word in reg. 3(5BB) substituted (S.) (22.7.2022) by The Plant Health (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/230), regs. 1(1), 3

F11Reg. 3(5C), (5D) inserted (E.) (27.5.2021) by The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021 (S.I. 2021/623), regs. 1(2), 2(3)(b)